Town Board takes first step toward banning pot clubs

Board to vote on second reading of three ordinances March 25

Mar. 4, 2013

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Second look

The Town Board will meet again for a regular meeting March 11, where it will vote on the ordinances after a second reading.

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Private marijuana clubs were back up to bat at Windsor Town Board this week. And, despite a little tug of war between members concerning verbiage, three ordinances that would ban such clubs from forming in town were carried unanimously through their first readings Monday night.

If passed by the Town Board at its next meeting March 25, the ordinances would prohibit weed-related retail stores, grow operations, cultivation facilities and marijuana processing and testing facilities from opening.

The ordinances also would ban the establishment and operation of private marijuana clubs while limiting home-grow operations to 24 plants at each individual address in town.

The board originally voted on an emergency moratorium earlier this month, which would have put a temporary ban on marijuana clubs while town officials figured out a more long-term solution. The moratorium failed to get the super majority it needed by one vote.

Last week, Major John Vazquez announced at a work session that he intended to bring the ban back, this time as a normal ordinance instead of emergency moratorium.

“We’re not trying to infringe on anybody’s individual rights here,” Vazquez said. “They can do anything they want in the privacy of their own home. What we’re trying to do here is halt the promotion of recreational marijuana use in our business district.”

With all board members present Monday, five members seemed to fully support the ordinances while two — Jeremy Rose and Myles Baker — openly and repeatedly challenged the idea that passing some of the bans as is will be what’s best for the community.

“It’s an emotional issue, and I understand that a lot of people have a lot invested in it, but it’s unfortunate that we have to make it this emotional issue,” Rose said during the board’s discussion. “I think that when we bring emotions into politics, that’s when bad decisions are made.”

“Ultimately, at the end of the day, the way I feel about it doesn’t matter,” Rose added. “I’m not here to push an agenda.”

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Baker and Rose both referred to the importance of keeping Windsor a safe community but also wanted to make sure the verbiage of each ordinance couldn’t end up hurting the town in the end.

“I’m not sure I’m comfortable regulating peaceful assembly of residents in a private setting,” Baker said. “My question I had here was, ‘Would we be getting ourselves into a lawsuit by passing this?’ ”

Town Attorney Ian McCargar fielded questions throughout the evening. In response to Baker’s question, he said he didn’t think they would be getting themselves into a lawsuit but instead might be “putting ourselves in the position of having someone challenge the details of this.”

That’s where it gets tricky, Rose said.

“If we come out and just say we’re banning commercial use of these marijuana clubs, they’re going to find another way,” Rose said. “We’re walking this fine line of using our powers properly and getting involved in people’s private activities.”

“Who’s going to do this in the first place?” Rose added. “This is why I voted against the emergency (moratorium). This is ridiculous. This is Windsor. Everything closes at 6 p.m.”

Seven community members spoke about the ordinances during a public input session in between board discussions, with all but one adamantly stressing the importance of passing all of the ordinances.

David Ellingson has lived in Windsor for 30 years and said he’d be concerned for the safety of the community if pot clubs were allowed to form in the town.

“I am very interested in the safety of our children and the goodness of our community,” Ellingson said. “I don’t believe that you’ll find those who are coming here for the use of marijuana, which is unhealthy, I think, for the community, really interested in the community.”

At least three other community members spoke out in support of the ordinances based upon the need to keep marijuana use out of their children’s lives.

Dr. Shawn Murray, an orthodontist in Windsor, said he heavily researched the area before moving here and values the environment in which he’s raising his children.

“To eliminate the possibility (of marijuana clubs) I think is very important,” Murray said during the public comment section. “No matter what, there will be an infringement on rights. If we allow clubs to come to our town, my personal rights will be infringed upon,” he added. “I would feel that the ability for me to raise my children in an environment that is safe and wholesome would be infringed upon. And in that situation, then I would be left with no other choice than to move from Windsor.”